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Supreme Court rules that s73 permission can restrict the use of premises where restriction is not reimposed as condition (Lambeth Council v SCLG)

Published on: 04 July 2019
Published by: LexisPSL
  • Supreme Court rules that s73 permission can restrict the use of premises where restriction is not reimposed as condition (Lambeth Council v SCLG)
  • What are the practical implications of this case?
  • What is the legal background to the case?
  • What is the factual background to the case?
  • Why did the Supreme Court allow the appeal?
  • Case details

Article summary

Planning analysis: In Lambeth Council v SCLG, the Supreme Court held that a planning permission granted by Lambeth London Borough Council (the Council) under section 73 of the Town and Country Planning Act 1990 (TCPA 1990), which failed to re-impose the use restriction of the premises as a condition, was nevertheless capable of restricting the use of the premises to which it related. The permission should be interpreted by finding its natural and ordinary meaning. Taking the permission at face value, it was clear and unambiguous that the Council approved a variation of the condition, not a removal of the condition altogether. or take a trial to read the full analysis.

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